USA Patriot Act

The provision made in section’s 201and 202 narrowly overlaps the provisions provided by the fourth amendment. The fourth amendment states that “the right of people to be secure in their persons, and effects against unreasonable searches... shall not be violated”, Wiretapping as an act unto itself as well as any invasion of electronic communication concludes in my opinion as an invasion of privacy. Seizure of records of communication is in effect just as illegitimate as seizure of a person’s property or effects.

Although section 202 gives provisions for proven or evidence based cases, section 201 is encompasses a broad range f applications specifically with its use and the definition of terrorism put forth in section 1. The implementation of the virtues of the ninth amendment also makes these section fall under invasion of the right to privacy _Subsection 203(b) and Subsection 203(d) — There is no apparent unconstitutionality in these sections. The exchange of information may be illegal in some states, or may be construed to be a violation of the separation of branches, but for all intents and purposes, this section is legal under the constitution.

_Section 204 — This section is unconstitutional since it promotes the invasion of one’s privacy. Although privacy is not directly stipulated in the constitution, amendments nine, four and one affirm its presence and constitutionality. _Section 206 — This statute of the Patriot act is a potential source of abuse and violation of human rights. In effect, it cuts through the bureaucratic tape, at the same time; it also cuts into other peoples rights. It violates the person’s right to not incriminate oneself (5th amendment).

It again also violates a person’s right to privacy and in broader context to freedom of expression. These violations are set forth as violating the 1st and the 4th amendment. _Section 207 — There is no direct constitutional violation that this section exhibits. However, surveillance is a form of invasion of privacy although probable cause may or may not exist. Use of this section may lead to cases where the investigators supersede the constitution particularly in regards to individual rights of privacy. _Section 209 ---

This section is constitutional under the tenets set forth in the fourth amendment. The inclusion of the clause regarding the necessity for a warrant complies with the fourth amendment. Without that clause, this section could be interpreted as unconstitutional. _Section 212 — This section is unconstitutional since it permits the seizure of private documents created by the individual that may incriminate the person. Also this section is a violation of privacy, although privacy is not specifically stated in the constitution, it is implied in the 9th and the 4th amendment.

_Section 214 — This section also implies a violation of the Fourth amendment of the constitution. Also, invasion of privacy is promoted in this section, making it unconstitutional. . _Section 215 — This section promotes seizure without probable cause, since causes set forth in the constitution are those of immediate national or public threat. This section complies with neither of those since the cause is for foreign intelligence purposes. Therefore, it is unconstitutional under the Fourth amendment. _Section 217 — This section is unconstitutional.

Firstly, under the fourth amendment, seizure without warrant is illegal. Second, the intruder as stipulated in this section does not undergo due process of the law, a fixture of the 5th amendment. _Section 218 — The premise of section 218 is unconstitutional. The fourth amendment states that probable cause is required in order to justify search and seizure of a person’s home and property. In this section, searches are undertaken for criminal investigative purposes. However, the probable cause is less than that in which the Fourth amendments states which is that supported by Oath.

Also, affirmation and identification of the place to be searched. _Section 220 — No direct violation of the constitution is evident in this section. However, this section can lead to abuses and a violation of a judge’s judicial jurisdiction. This section remains constitutional so long as the judge issues the warrant with probable cause. _Section 223 — This section is a within the constitution. It supports compensation against grievance of any abuse done by federal offices under the patriot Act.

This in itself is an indirect admission that the Patriot act can lead to abuses of constitutional rights. _Section 225 — Directly, this section provides no violation of the constitution. However, this section indirectly promotes the seizure of personal effects, as well as invasion of privacy. Indirectly, this section violates the Fourth amendment regarding seizures and the right to privacy, an implied tenet of the constitution.

REFERENCE

The Unites States Constitution 1787 The United States Patriot Act 2001 1st session, Congress ratified October 24 2001